1988-17A
8
RESOLUTION NO. C-88-017 A
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD DENYING A TENTATIVE PARCEL MAP
FOR THE CREATION OF TWO LOTS LOCATED AT
2592 & 2594 MONTGOMERY AVENUE, (CASE NUMBER 88-069/TPM)
WHEREAS, a request for consideration of a Tentative Parcel
Map was filed by David M. Hadden for creating two lots for
residential purposes for the property located at 2592 & 2594
Montgomery Avenue, legally described as;
Parcel 1 of Parcel Map 12400 in the County of San
Diego, State of California, filed in the office of
the County Recorder of San Diego County, October 28,
1982 as File No. 82-332140 of Official Records.
WHEREAS, a public hearing was conducted on the application
on May 9, 1988; and
WHEREAS, the Community Advisory Board considered:
8
1.
The staff report dated May 2, 1988;
The Tentative Parcel Map submitted by the applicant;
2.
3.
Oral evidence submitted at the hearing;
4.
Written evidence submitted at the hearing; and
NOW THEREFORE BE IT RESOLVED by the Cardiff-by-the-Sea
Community Advisory Board, City of Encinitas that the following
findings are made pursuant to the Subdivision Map Act and City
Codes:
1.
That the proposed map is consistent with
applicable general and specific plans as
specified in Section 65451 of the Subdivision
Map Act, since the subject property is
designated '7 Residential 10.9 units per acre
and the proposed project does not increase
density but simply redefines ownership from
condominium to single family.
2.
That the design or improvement of the proposed
subdivision is not consistent with applicable
8
05/CAB6-710wp 1(5-10-88)
8
6.
8
7.
general and specific plans since the
the subdivision doesn't meet
subdivision design standards.
design of
existing
3.
That the site is physically suitable for that
type of development, in that the two units
already exist with access off of Montgomery
Avenue and the west portion of the site is
maintained in an open space easement to help
preserve the slope and view.
4.
That the site is physically suitable for the
proposed density of development, since the two
units exist at a density of 6 units per acre.
5.
That the design of the subdivision and the
proposed improvements are not likely to cause
substantial environmental damage or
substantially and avoidably injure fish or
wildlife or their habitat, since the units
currently exist and the proposal is a change
from condominium ownership to single family and
the already established open space easement will
also be reinstated with the proposed map.
That the design of the subdivision or type of
improvements is not likely to cause serious
public health problems, since the potential
development has already been obtained with no
further density impacts to be associated with
the subdivision.
That the design of the subdivision or the type
of improvements will not conflict with
easements, acquired by the public at large, for
access through or use of, property wi thin the
proposed subdivision, since no known public
access issues have been raised, and the existing
open space easement will continue on the
property with this parcel map.
In addition, the required findings of Ordinance 87-69 were
reviewed and found as follows:
8.
8
a.
There is not a reasonable probability that
the land use and design proposed will be
consistent with the General Plan proposal
being considered or studied or which will
be studied within a reasonable time, and
b.
There is little or no probability of
substantial detriment to or interference
with the future adopted General Plan if the
05/CAB6-710wp 2(5-10-88)
8
8
8
proposed use or design is
inconsistent with the plan, and
ultimately
c.
The proposed use or design does not comply
with applicable requirements of local
ordinances based on the following:
The project proposes lots not in compliance
with existing subdivision design
requirements, unless such requirements are
suspended. The General Plan as proposed
and implementing ordinances are currently
considering minimum lot width of 60' for
residential. As such, the project as
proposed is inconsistent. However, since
the project doesn't modify density, there
is little probability of substantial
detriment to or interference with the
future adopted General Plan should the
project be ultimately inconsistent.
The project does comply with local and
state law, provided the subdivision design
requirements are suspended.
BE
IT
FURTHER
RESOLVED
that
the
Cardiff-by-the-Sea
Community Advisory Board of the City of Encinitas hereby denies
the tenative Parcel Map Application 88-069/TPM.
PASSED AND ADOPTED
this
day
9
of May,
1988,
by the
following vote, to wit:
AYES: Barker, Shannon, Slates, Winkler
NAYS: None
ABSENT: Hirsch
ANN SIiANNON, Chairman of the
rditf-by-the-Sea
ommunity Advisory Board
ATTEST: ì
Planner
05/CAB6-710wp 3(5-10-88)